DIXON v. RHAY

No. 22095.

396 F.2d 760 (1968)

Johnny DIXON, Appellant, v. B. J. RHAY, Superintendent Washington State Penitentiary, Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

June 26, 1968.


Attorney(s) appearing for the Case

Johnny Dixon, in pro. per. for appellant.

John J. O'Connell, Atty. Gen., Olympia, Wash., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and REAL, District Judge.


HAMLEY, Circuit Judge:

Johnny Dixon, incarcerated in Washington State Penitentiary following his conviction and sentence for second degree burglary, appeals from a district court order denying his application for a writ of habeas corpus.

The application was denied, without hearing, on the ground that Dixon therein sought relief on the same ground urged in a prior habeas corpus application which had been denied. This was an adequate ground for denying the application...

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